Lange v. California

Fourth Amendment precedents point toward assessing case by case the exigencies arising from misdemeanants’ flight. When the totality of circumstances shows an emergency—a need to act before it is possible to get a warrant—the police may act without waiting.

Petitioner was charged with driving under the influence but moved to suppress all evidence gathered after a police officer entered the attached garage of Petitioner’s home without a warrant. The trial court denied the motion to suppress, and the state court of appeals, and California Supreme Court affirmed. Petitioner argued that the warrantless entry into his garage by the officer was a warrantless intrusion that violated the Fourth Amendment. Petitioner and Amicus argued that a categorical rule allowing for warrantless entry into the home when pursuing misdemeanants is consistent with Court precedent and allows for effective administration of law enforcement. The Court reiterated the special place that the home occupies in Fourth Amendment jurisprudence and declined to create a categorical rule for hot pursuit of misdemeanants. Rather, the Court found that accessing exceptions like exigent circumstances, including hot pursuit, on a case-by-case basis. The Court did however recognize that the flight of a misdemeanant under the totality of the circumstances may rise to the level of police emergency to justify the type of entry in this case. However, on these facts there was not a sufficient safety or destruction of evidence concern. VACATED and REMANDED.